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Article: A New Dilemma For Plaintiffs In Counterfeiting Actions: Statutory Damages vs. Attorney Fees.
- Article from:
- Mondaq Business Briefing
- Article date:
- January 30, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Section 35(c) of the Lanham Act allows prevailing plaintiffs in trademark counterfeiting actions to choose statutory damages in lieu of actual damages or profits. In enacting Section 35(c), Congress recognized that "counterfeiters' records frequently are nonexistent, inadequate, or deceptively kept..., making proving actual damages in these cases extremely difficult if not impossible." [S. Rep. No. 104-177, at 10 (1995).] The availability of statutory damages under Section 35(c) was intended to "strengthen the hand" of trademark owners by allowing them to obtain monetary recovery in counterfeiting actions without having to rely on the often questionable and elusive nature ...
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... ... this plaintiff can elect to recover statutory damages for copyright infringement and thereby ... at least three million dollars in statutory damages to a plaintiff who has suffered four ... and these lawsuits ask for the same statutory damages used in the introductory example ...
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